Failing to show at a probation status hearing leads to jail ten years later.

Robert Alexander v.United States, No. 13-CO-1105 (decided June 11, 2015).

Players: Associate Judges Glickman and Thompson, Senior Judge Reid.  Opinion by Judge Thompson.  Lisa Chanel for Mr. Alexander.  Trial Judge: Brian F. Holeman.

Facts: Mr. Alexander pled guilty to possession of marijuana in February 2002 and was sentenced to one year of probation.  The court set a status hearing 40 days before the expiration of the probationary period (January 6, 2003) to assess Mr. Alexander’s compliance with the terms.  Mr. Alexander showed up late to the hearing and failed to return to court after a lunch recess.  The court issued a bench warrant for Mr. Alexander’s arrest that same day, and the warrant was reissued in March 2004, February 2005, and on July 15, 2013.  In August 2013, ten years after the scheduled hearing, Mr. Alexander was arrested on the warrant.  The court revoked Mr. Alexander’s probation and sentenced him to 180 days’ incarceration.

Issue: Did the court have the authority to revoke Mr. Alexander’s probation and sentence him to incarceration 10 years after the probation term was set to expire?

Holding: Yes.  Mr. Alexander’s failure to appear at the January 2003 hearing and the resultant bench warrant tolled the running of the probationary period until his arrest, and “provided the court with jurisdiction to complete the revocation proceedings, even after the probationary term would have otherwise ended.” Sumpter v. United States, 564 A.2d 21, 23 (D.C. 1989).  DH

Read full opinion here.